KOL, artists who advertise falsely, what is their responsibility?

Legal Consulting Department of Lao Dong Newspaper answers:

KOL is an abbreviation for Key Opinion Leader.

According to information, KOLs are understood as people with expertise, prestige or great influence in a specific field, capable of influencing the awareness, behavior and decisions of a group of followers. KOLs can increase brand credibility, directly influence purchasing decisions, contribute to building brand image, optimizing marketing efficiency...

Current Vietnamese law does not have specific regulations on KOL, but Clause 9, Article 3, Law on Protection of Consumer Rights 2023 stipulates: People with influence are experts, reputable people, people who are noticed by society in specific fields, industries, and professions according to the Government's regulations.

Clause 3, Article 22 of the Law on Protection of Consumer Rights 2023 stipulates: In case an organization or individual doing business provides information about products, goods, and services through an influential person, the influential person has the following responsibilities:

a) Implement the provisions of Clause 1 of this Article;

b) Inform consumers in advance about being sponsored to provide information about products, goods, and services.

Points b, c, d, Clause 1, Article 22 of the 2023 Law on Protection of Consumer Rights stipulate that in cases where business organizations and individuals provide information about products, goods, and services to consumers through a third party, the third party is responsible for the following:

b) Requesting business organizations and individuals to provide information, documents, and means to prove the accuracy and completeness of information about products, goods, and services;

c) Bear joint responsibility for providing inaccurate or incomplete information about products, goods, and services, except in cases where it is proven that all measures in accordance with the law have been taken to check the accuracy and completeness of information about products, goods, and services;

d) Implement other relevant legal regulations.

The Law amending and supplementing a number of articles of the 2025 Advertising Law also stipulates: People with influence according to the provisions of law on protection of consumer rights when conveying advertising products have the obligations specified in Clause 2 of this Article and the following obligations: Verifying the reliability of advertisers; checking documents related to advertising products, goods, and services; in case of not using or not understanding clearly about products, goods, and services, they are not allowed to introduce products, goods, and services.

Clause 1, Article 51 of Decree 87/2026/ND-CP stipulates violations of regulations on the obligations of influencers according to the provisions of law on protection of consumer rights in advertising activities as follows:

1. A fine of between 40 million VND and 60 million VND shall be imposed for one of the following acts:

a) Failure to verify the credibility of the advertiser;

b) Not checking documents related to advertising products, goods, and services;

c) Not fully implementing notifications about advertising right before and during advertising activities.

2. A fine of between 60 million VND and 80 million VND shall be imposed for the act of not notifying about advertising immediately before and during advertising activities.

3. A fine of between 80 million VND and 100 million VND shall be imposed for the act of not using or not understanding clearly about products, goods, and services but introducing those products, goods, and services.

Thus, KOL, the artist (influenced person) will be jointly responsible for providing inaccurate or incomplete information about products, goods, services and may be penalized if violating liability in advertising according to the above regulations.

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